Related Content

As part of a deal with the commonwealth, Joseph Banis will be sentenced to life in prison instead.

Prosecutors said Banis and Jeffrey Mundt killed James Carroll during a night of sex and heavy drug use in December 2009.

Banis has also waived his rights to appeal the conviction.

More importantly for the commonwealth, he will now have to testify against his ex-boyfriend, Mundt.

Banis hugged and kissed his mother and father before he was led away by deputies.His trial took a toll on several families.

Carroll's mother told the court how her son's murder has torn her family apart.

"He was to me the sunshine in my heart and there's a hole in my heart that will never be filled," Ellen Carroll said.

The deal at sentencing came in place of a jury listening to more witnesses, then deciding Banis' fate, which could have included being put to death.

"Quite frankly we didn't think it was going to happen anyway, but nevertheless, he felt taking it completely off the table and making it completely not an option was important enough to sign the documents today," defense attorney Darren Wolff said.

Assistant commonwealth's attorney Ryane Conroy said having Mundt take the stand against Banis was a key element of their success.

She hopes a similar strategy will net a second conviction.

"We believe that strategy was effective because it allowed the jury to see the whole picture, including them pointing the finger at each other and that's certainly a theory we want to go forward with on Jeffery Mundt's trial, and the only way to make that happen is to enter in an agreement as we did today." Conroy said.

Although the deal requires Banis to take the stand at Mundt's trial, Conroy said what he offers as testimony is completely up to him.

"If it is as he has told people, I would think he would want to tell the other part of the story. And if he chooses not to do that, I guess that tells you something about him," said Conroy.

Mundt's trial is expected to begin in May.

He also took a deal so the death penalty is not an option.

Banis will be formally sentenced when that trial is complete, in the middle of June.Banis was convicted Friday after 10 hours of deliberation.

He was also found guilty of robbery, tampering with physical evidence, drug charges and having counterfeit money.